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Home My WebLink AboutNCP 2022-0002; Francisco, D, Fellipe and De Freitas, C. Patiane; 2023-0182651; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2023-0182651 1111111111111111111111111111111111111111111111111111111111111111111111 Jul 13, 2023 10:13 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $110.00 (SB2 Atkins: $75.00) PCOR: N/A PAGES: 8 Space above this line for Recorder's use. CITY OF CARLSBAD CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS Project Name: De Freitas Residence Project ID: NCP 2022-0002 Assessors Parcel No.: 206-192-01-00 -----------FI A No. EAGREE2023-0024 THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Fellipe D. Francisco and Patiane C. De Freitas trustees of the De Freitas Francisco Family Trust dated May 11 , 2021 , hereinafter referred to as "Property Owners." RECITALS WHEREAS, Property Owner has applied to City for a Permit No. GR2022-0048 for the real property hereinafter described as (see attached Exhibit "A"), now under Property Owner's ownership; and WHEREAS, it has been found that said property is not suitable for development in its present condition, however said property would be suitable for development if certain public improvements hereinafter described are constructed; and WHEREAS, Chapter 18.40 of the Municipal Code of City requires certain improvements as a condition of approval of De Freitas Residence , NCP2022-0002; and WHEREAS, Property Owner has requested that approval of said De Freitas Residence, NCP2022-0002 be granted by City in advance of th e time said improvements are to be made; and WHEREAS, Property Owner, in consideration of the approval of said De Freitas Residence, NCP2022-0002 desires to enter into this agreement securing the construction of said improvements, and City has determined it to be in the public interest to agree to temporarily postpone said construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. That Property Owner, in lieu of making the hereinafter described improvements before approval of said building permit is granted, agrees to install and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifications approved by the City Engineer within sixty (60) days after written demand to do so by City. Property Owner shall not be required to make said improvements before City grading and drainage improvements have been constructed to facilitate the construction of curb, gutter, sidewalk and pavement. Said improvements shall be made without cost or expense to City. City estimates that the cost of engineering and construction of said improvement at the time of signing this contract is forty-five thousand eight hundred forty-seven dollars and fifty-five cents ($45,847.55). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at this time and that the actual cost of same at some time in the future may exceed this estimate. Section 2. That for the faithful performance of the promises and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $45,847.55 plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, Property Owner's successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, Property Owner agrees that City may do any or all of the following: (a) Have the necessary engineering for said improvements done and install and construct said improvements by contract or otherwise. City or its contractor and contractor's employees may enter upon any portion or portions of the property reasonably necessary for said engineering and construction, and the entire cost and expense shall be charged against said property and payable by said Property Owner, Property Owner's successors, heirs, assigns or transferees immediately upon completion of said improvements. In the event same is not paid within thirty (30) days from completion, City may foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improvements, and foreclose said lien in said amount. (c) Pursue any remedy, legal or equitable (including those specifically referred to herein), for the foreclosure of a lien, and the Property Owner, Property Owner's successors, heirs, assigns and transferees, shall be liable for reasonable attorney's fees as a cost in said proceedings. Section 3. That it is agreed that anything herein contained to the contrary notwithstanding, the promises and covenants made herein shall not be binding upon the holders, mortgagees, or beneficiaries of any purchase money mortgage or purchase money deed of trust for value which has been or may in the future be executed by the Property Owner, Property Owner's successors, heirs, assigns or transferees, and the lien hereby created shall be and is hereby subordinated to and declared to be inferior and subsequent in lien to the lien of any such purchase money mortgage or purchase money deed of trust. The lien hereby created shall likewise be of no force or effect against any owner whose title to the property hereinafter described is acquired by or as a result of a foreclosure or trustees' sale of any such purchase money mortgage or purchase money deed of trust. Section 4. That at any time during the period herein provided, the Property Owner, Property Owner's successors, heirs, assigns or transferees may deposit a cash bond or post a surety performance bond satisfactory to the City to charge said surety with the cost of said improvements; the amount of bond to be the estimated cost of engineering and improvements at the time of such deposit or posting as ascertained by the City Engineer, and that upon deposit of said cash or posting of said bond the City agrees to release the property, or any portion of it as to which said deposit or posting applies, from the provisions of this agreement, and to execute any necessary release to enable the record title of the property to be released from the lien herein imposed. Section 5. Said City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the same, nor shall said City, nor any officer or employee thereof, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by said Property Owner and Property Owner's successors, heirs, assigns or transferees, and they shall save the City harmless from , and indemnify the City against, any and all claims, suits and liabilities of or to any person or property injured or claiming to be injured as a result of said work or improvements. Said Property Owner, and Property Owner's successors, heirs, assigns or transferees, further agrees to protect said City and the officers and employees thereof from all liability or claim because of, or arising out of, the use of any patent or patented article in the construction of said improvement. Section 6. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said work and improvements by the City, give good and adequate warning to the traveling public of any dangerous or defective conditions of public property. The Property Owner hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of City. Section 7. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Section 8. A description of the property referred to herein and upon which said lien is imposed is described as follows: Lot 20 in Block E of Bellavista, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the office of the County Recorder of San Diego County, March 7, 1929. Section 9. The required improvements to be constructed and the estimated costs thereof are as follows: IMPROVEMENTS Engineering 6" Curb & Gutter Sidewalk 6" Aggregate Base+ 4" A.C. Paving Re-locate Utilities Saw Cut Pavement Concrete Driveway Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill QUANTITY Lump Sum 310 LF 1,860 SF 2,170 SF 1 LS 1 LS 250 SF UNIT COST ESTIMATED COSTS 3,000 $3,000.00 22.00 LF $6,820.00 8.00 SF $1 4,880.00 4.00 SF $8 ,680.00 $2,000.00 $1 ,600.00 11 .55 SF $2,887.50 Subtotal $39,867.50 15% Contingency $5,980.05 TOTAL $45,847.55 Executed by Property Owner this d :l K day of r V /l..i._ -~-----u , 20 =2J PROPERTY OWNER: CITY OF CARLSBAD a municipal Fellipe D. Francisco and Patiane C. De Freitas trustees of the De Freitas Francisco Family Trust dated May 11 , 2021 corporation of the State of California By ~~----~OTTCHADWICK ~ here) City Manager Fellipe D. Francisco (print name here) Trustee of the De Freitas Francisco Family Trust dated May 11 , 2021 (title and organization of signatory) By: q~--------/{signere) Patiane C. De Freitas (print name here) Trustee of the De Freitas Francisco Family Trust dated May 11 , 2021 (title and organization of signatory) By: (Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Ch ief Financial Officer, or any assistant treasurer must sign for corporations. If on ly one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: _____:){2L{_::......;__ __ ___:::::;__n_---41-h __ RONKEMP ~ Senior Assistant City Attorney EXHIBIT 'A' Lot 20 in Block E of Bellavista, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the office of the County Recorder of San Diego County, March 7, 1929. APN : 206-192-01-00 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 f a, ............................... llJ8880(JlJ188H080fJ8tll.......,.._WJ&WWMWW........, A notary public or other officer completing this certificate verifies only the identity of t11e ind iv id ual who signed the document to which this certificate is attached, and not the truthfulness, acCllrncy, or v~liclity of !hilt document. St11te of CallforF _ {\ , } Coooty of !jA/l LJ, ~ c) r/ tin ( l . On ~ ~9 -?ll,;,?-'l before me, A titor1,✓ //{ fl_ : not{ru (.«bl1v Date .--, J /, ("\ C_ J-iere lns;l Name and Titli :!];. ()fficer • 1 -J personally appeared -be.t1-1N ~\ll:DlviCJuC(} f ~~Vl~ U, fr. ~ Name(s) of Signcr(s) , who proved to me on the basis of satisfactory evidence to be ~ pcrson~hose name(ali ,O~crlbed to the within Instrument and acknowledged~~ th~ executed the s;ime I~~ authorized capacity~). and that by h~~lgnature~on the instrument the perso~, or the entity upon behalf of which the person~ acted, executed the Instrument. eee e eeee eef > ANTHONY VITTURELLI ' Notary Public -California San Diego County ! ~ Commission II 2327149 - My Comm. Expires May 2, 2024 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the StRte of C;illfornla th11t the foregoing paragraph Is true nnd correct. OPTIONAL Completing this informotion CC/ll c/eter o/temtion of the document or fmuclu/ent reC1ttoc/Jment of this form to on unintenc/ocl c/ocument. Description of Attached Document Title or Type of Document: _____________ _ Document Date: _____________________ Number of P11ges: ___ _ Signer(s) Other Thnn Named Above: Capaclty(les) Claimed by Slgner(s) Signer's Name: ____________ _ Signer's Name: ____________ _ o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General □ Partner -D Limited □ General o Individual o Attorney in Fact o Individual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator D Other: D Other: Signer is Representing: ________ _ SrgnGr is ReprGscntlng: _________ _ (,;)2019 National Notmy AssociAtion